up_reraStatus: Completed
CASE ID: 0901126016662020

Appellant / Complainant

Neelima Khanna

VS

Respondent

Supertech Realtors Pvt. Ltd.

Developer Firm

supertech realtors pvt. ltd.

Disputed Amount

1,24,57,840

Disposal Award

Appellant

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Legal Issues & Claims Raised

Delay in PossessionRefund of InvestmentDelay Compensation / InterestPromotional MisrepresentationUnfair Cancellation & ForfeitureJurisdiction & Maintainability

Case Procedural History & Progression Tree

Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.

39 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126016662020 by Neelima Khanna against Supertech Realtors Pvt. Ltd. before up_rera.

Delay in PossessionRefund of InvestmentDelay Compensation / InterestPromotional MisrepresentationUnfair Cancellation & ForfeitureJurisdiction & Maintainability
2
Stage 107/05/2024

for delivery of Judgment/Order

The Appellate Tribunal set aside the UPRERA order that had directed the allottee to pay dues and take possession, ruling that because the promoter had previously cancelled the allotment, the relationship between the parties had ceased and the complaint was not maintainable.

3
Stage 227/02/2024

Hearing

The court heard arguments from both parties and reserved the judgment for a later date.

4
Stage 326/02/2024

Hearing

The Tribunal granted a request to list the matter for orders on the following day, 27.02.2024.

5
Stage 409/02/2024

Hearing

The Tribunal granted an adjournment requested by the respondent due to counsel being out of station, but scheduled the next hearing for 26.02.2024 with a strict directive that no further adjournments will be permitted.

6
Stage 509/10/2023

Hearing

No text available.

7
Stage 629/08/2023

Hearing

No text available.

8
Stage 711/07/2023

Hearing

No text available.

9
Stage 805/07/2023

Hearing

The Tribunal granted an adjournment requested by the appellant's counsel due to traffic delays and rescheduled the hearing for consideration of the delay condonation application to 11-07-2023.

10
Stage 926/04/2023

Hearing

The Tribunal adjourned the proceedings due to the absence of the appellant's counsel and scheduled the appeal for a hearing on 05.07.2023.

11
Stage 1017/03/2023

Hearing

The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for April 26, 2023.

12
Stage 1108/02/2023

Hearing

No text available.

13
Stage 1209/01/2023

Hearing

The Tribunal granted a request for adjournment submitted by the appellant's counsel and rescheduled the hearing for February 8, 2023.

14
Stage 1307/12/2022

Hearing

The Tribunal granted a mutual request for adjournment from both parties and scheduled the appeal for hearing on 09.01.2023 following the exchange of pleadings.

15
Stage 1411/11/2022

Hearing

The Tribunal denied a request for adjournment due to medical exigency and directed the parties to proceed with arguments on the next hearing date, scheduled for 07.12.2022.

16
Stage 1519/10/2022

Hearing

The Tribunal granted the parties 10 days to attempt an amicable settlement, directing them to report the outcome at the next hearing on 11.11.2022.

17
Stage 1611/10/2022

Hearing

The Tribunal granted the parties three days to prepare their briefs and adjourned the matter for a hearing on 19.10.2022.

18
Stage 1712/09/2022

Hearing

The Tribunal noted the absence of the respondent's counsel due to sanctioned leave and scheduled the appeal for a hearing on 11.10.2022.

19
Stage 1822/08/2022

Hearing

The Tribunal granted the appellant's counsel one week to prepare her brief and scheduled the next hearing for 12.09.2022.

20
Stage 1905/08/2022

Hearing

The Tribunal has scheduled the appeal for a hearing on 22.08.2022.

21
Stage 2021/07/2022

Hearing

The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 05.08.2022.

22
Stage 2118/05/2022

Hearing

The Tribunal directed the parties to file concise written arguments along with relied-upon judgments and scheduled the next hearing for July 21, 2022.

23
Stage 2212/04/2022

Hearing

The Tribunal adjourned the appeal due to the absence of the respondent and scheduled the matter for a hearing on 17.05.2022.

24
Stage 2322/03/2022

For Order

The Tribunal noted that pleadings have been exchanged and the respondent declined to file an additional reply; consequently, the matter is scheduled for final hearing on 12.04.2022.

25
Stage 2403/03/2022

Further Order

The Tribunal granted the appellant one week to file a reply to the respondent's objections and directed that the reply be served via email and uploaded to the e-portal.

26
Stage 2516/12/2021

Delay condonation

The Tribunal condoned the delay in filing the appeal due to the COVID-19 pandemic relaxation and directed the Registry to convert the miscellaneous case into a regular appeal. The Respondent's counsel was further directed to file an additional reply.

27
Stage 2623/11/2021

Further Order

The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the matter for 16.12.2021 to address the limitation application and objections.

28
Stage 2727/10/2021

Delay condonation

The Tribunal noted that the parties are likely to settle the matter out of court and adjourned the case to 23.11.2021 for further orders.

29
Stage 2827/09/2021

Delay condonation

The court granted an adjournment requested by the respondent's counsel due to a bereavement in the family and rescheduled the matter for 27.10.2021.

30
Stage 2913/04/2021

Delay condonation

No text available.

31
Stage 3023/03/2021

Delay condonation

The Tribunal granted an adjournment request from the respondent's counsel due to COVID-19 quarantine and rescheduled the case for hearing on 13.04.2021.

32
Stage 3102/03/2021

For Order

The case is adjourned because lawyers are abstaining from work due to a call by the Oudh Bar Association; the matter is rescheduled for 23.03.2021.

33
Stage 3211/02/2021

For Order

The Tribunal has adjourned the matter for two weeks to allow the parties an opportunity to reach an amicable settlement, with the next hearing scheduled for 02.03.2021.

34
Stage 3325/01/2021

For Order

The Tribunal corrected the names of counsel in the cause list and adjourned the matter to 11.02.2021 to allow parties to pursue an amicable settlement.

35
Stage 3412/01/2021

For Order

No text available.

36
Stage 3507/12/2020

For Order

No text available.

37
Stage 36Final Ruling Order

Tribunal Order #0901126016662020-07-05-2024

The Appellate Tribunal set aside the UPRERA order that had directed the allottee to pay dues and take possession, ruling that because the promoter had previously cancelled the allotment, the relationship between the parties had ceased and the complaint was not maintainable.

38
Stage 37Interim Order

Tribunal Order #0901126016662020-16-12-2021

The Tribunal condoned the delay in filing the appeal due to the COVID-19 pandemic relaxation and directed the Registry to convert the miscellaneous case into a regular appeal. The Respondent's counsel was further directed to file an additional reply.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The Appellate Tribunal set aside the UPRERA order that had directed the allottee to pay dues and take possession, ruling that because the promoter had previously cancelled the allotment, the relationship between the parties had ceased and the complaint was not maintainable. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.

Disposal Winner: AppellantInterest Rate: MCLR+1%Status: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The Appellate Tribunal set aside the UPRERA order that had directed the allottee to pay dues and take possession, ruling that because the promoter had previously cancelled the allotment, the relationship between the parties had ceased and the complaint was not maintainable.

Ruling Awarded To

Appellant

Awarded Interest Rate

MCLR+1%

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)Section 12Section 11(5)Section 3Section 79

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • Anoop Kumar
  • Fuhar Gupta
  • Sushil Kumar

Respondent Advocate(s)

  • Harish Pandey
  • N A

Official RERA Tribunal Orders (2)

FINAL_ORDEROrder ID: 0901126016662020-07-05-2024

The Appellate Tribunal set aside the UPRERA order that had directed the allottee to pay dues and take possession, ruling that because the promoter had previously cancelled the allotment, the relationship between the parties had ceased and the complaint was not maintainable.

INTERIM_ORDEROrder ID: 0901126016662020-16-12-2021

The Tribunal condoned the delay in filing the appeal due to the COVID-19 pandemic relaxation and directed the Registry to convert the miscellaneous case into a regular appeal. The Respondent's counsel was further directed to file an additional reply.

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